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72 Wellington Street

72 WELLINGTON ST – history of the planning application to date

72 Wellington St 2015

June 2016 – VCAT refused Planning Application 776/2014 on 6/6/16 – a great outcome particularly on the heritage front! JAAG members are delighted that VCAT refused a planning permit that included demolition of the existing heritage dwelling and outbuildings and construction of a three storey building of 21 apartments above a basement car park

April 2016 – 40 JAAG residents provided their support and significant effort at the VCAT hearing held between 7-11 March. The hearing was extended by two days during April 2016 in order for additional traffic and heritage “experts” to present and for the final summaries.  Key issues for the hearing  were demolition of a significant heritage building, concerns regarding rear lane vehicle access, and building form. Vehicle access to the underground car park is proposed to be exclusively from the rear of the property through the short lane  running east to Moodie Place and the longer crooked lane running south to Octavia Street.

January 2016 – VCAT compulsory conference took place on 12 January 2016 with all Parties to the VCAT Hearing with respect to the “without prejudice amended plans” circulated on 18/12/15. These plans include proposed demolition of the existing heritage dwelling and construction of a three storey building consisting of 21 dwellings. Issues from objecting parties were discussed with no agreement reached by either the applicant or the objectors. However, issues were narrowed to “demolition of a significant heritage building” concerns regarding rear lane vehicle access and building form.

August 2015 – At the 5th August VCAT Hearing the applicant’s lawyer requested an adjournment of the Hearing to a future date.   The decision by the VCAT Member was for a VCAT Compulsory Conference to take place on the 12th January, 2016 with all Parties to the VCAT Hearing.  If you would like to view the plans and supporting documentation for this planning application this can be done at the Port Philip Council offices at the town hall in Carlisle Street, St Kilda.  VCAT Reference: P276/2015.  Applicant: Montezuma Development Pty Ltd

May 2015 – VCAT has issued another Order on 11th May, 2015 that the Applicant is to give public notice of the planning application now by 5th June, 2015 to owners and occupiers of adjoining properties and opposite the land as well as any additional persons identified by Port Phillip Council, also a public notice on the Wellington Street frontage and the 2 laneway entrances of the property. If you would like to view the plans and supporting documentation for this planning application this can be done at the Port Philip Council offices at the town hall in Carlisle Street, St Kilda. Objections must be lodged with VCAT, Port Phillip Council and the Applicant by 7 July, 2015.

April 2015 – Residents may be concerned that the proposed demolition of this heritage dwelling and associated outbuildings within a heritage overlay, for construction of 23 apartments over 3 storeys is inappropriate. The failure of Council to grant a permit under Section 79 Planning & Environment Act 1987 has resulted in the matter going to a VCAT hearing set down for 5th August 2015. VCAT issued an Order on 22nd April, 2015 that the Applicant was to give notice of the planning application by 22nd May, 2015.

March 2015 – On the 11 March VCAT public notices appeared on the front and rear fences of 72 Wellington Street in respect of an application for “Demolition of a dwelling and associated outbuildings, contraction of 24 apartments within a heritage overlay”. VCAT Number P276/2015.  Review of failure to grant a permit under Section 79 Planning & Environment Act 1987. With a VCAT hearing date of 5th August 2015. Statement of Grounds to be submitted to VCAT by 25th March 2015.  After enquiries on 13/3/2015 with the Port Phillip Council planning officer managing this case, it was confirmed the notices on site were put up in error by the applicant and it was suggested to the applicant by the Council planner that the notices be removed. We were also informed by the Council planning officer that the correct procedure is for Council to give the applicant and VCAT details of notice (to be given by 27 March) which will include the requirement to send letters of notification and to publicly advertise on the site by 7 April. Objections to be lodged with VCAT by 28 April 2015.  VCAT hearing scheduled for 5th August 2015.

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